Child Custody Attorneys in Birmingham

As a parent in Alabama, it’s very important that you understand the laws pertaining to custody of your child if you and your child’s other parent do not plan to live in the same household and raise the child together. Whether you are a mother or a father, you have the right to seek parenting time and legal decision-making power with regards to your child. At the office of The McCormick Firm, our experienced Alabama child custody attorneys can guide you through the state’s laws and represent you if you are seeking custody of your child. Please call us today to get started.

Types of Child Custody in Alabama

In Alabama, there are two overarching types of child custody: physical custody and legal custody.

• Physical custody. Physical custody of a child refers to which parent is responsible for providing for the physical well-being of the child, including providing food, shelter, and clothing. Physical custody may be joint–which means that it is shared by both parents–or it may be awarded to just one parent in an arrangement known as sole physical custody.

• Legal custody. The legal custody of a child refers to which parent has the legal authority to make decisions relevant to a child’s life. For example, decisions about where the child will go to school, what religion the child will be raised, whether or not the child has permission to participate in extracurricular activities, etc. Like physical custody, this type of custody can be sole or joint.

Parents may share legal custody, with only one parent having physical custody of a child. Or, one parent may have sole physical and legal custody. It is also possible for parents to share both types of custody.

Parents may choose a joint custody arrangement, or the court may make this decision; in fact, it is state policy to assure that children have “frequent and continuing contact with [both] parents,” unless there is evidence that this would be detrimental to the child. As found in Alabama Statutes Title 30 Chapter 3, the court will consider any agreement between the parents, the past ability of the parents to cooperate, the geographic proximity of the parents to one another, any history of abuse, and more when making a decision about joint custody.

Who Can Seek Custody of a Child in Alabama?

In order for a parent to seek custody of a child in Alabama, they must have established parental rights. If these rights have not been established, or if they have been revoked by the court, then custody cannot be sought. For example, if a woman gives birth to a child and the woman is not married to the child’s father at the time of birth, then paternity (legal fatherhood) will not be established unless the parents sign a Voluntary Acknowledgment of Paternity form. This is an especially important consideration for fathers – if you are a father who has not established paternity over your child, you must do so before you can seek custody of or visitation with your child.

Determining Child Custody: Creating a Parenting Plan

When parents are separating, they are encouraged by the court to work together to create a parenting plan. The parents will then submit the plan to the court, which will approve it assuming it’s appropriate. The parenting plan should address various elements of a child custody arrangement, including who will have primary physical and legal custody, whether or not custody will be shared, what the visitation rights of the non-custodial parent will be, how the child will be transported between homes, how holiday time will be shared, how disputes will be resolved, and more.

For some parents, creating a parenting plan is straightforward and doable; for others, it is contentious and extremely challenging. Before you go to court and attempt to litigate the issue, you should engage in mediated sessions in an attempt to reach an agreement. Settling your case out of court is less expensive, faster, and is typically less emotionally taxing on both you and your child.

Child Custody and the Best Interests of the Child

If you and your ex are unable to reach an agreement about custody and create a parenting plan without the intervention of the court, then you will need to file a suit and bring your case to trial. If your case goes to court, then the judge assigned to your case will be responsible for making a decision about child custody based on the best interests of your child.

The court should consider a number of factors in determining the child’s best interest, including the safety and wellbeing of the child, the child’s age and needs, the relationship that the child maintains with each parent, the preferences of the child given the child’s age and maturity, the characteristics of each parent, each parent’s willingness to foster a relationship of love between the child and the other parent, and any other factors the court finds necessary and relevant.

How an Alabama Child Custody Attorney Can Help

Separating from your partner or spouse can be extremely trying, especially if a child is involved and there is any risk of losing custody of that child. When you work with an attorney, your attorney can advise you of the law, provide you with information about your rights and options, represent you during mediated sessions, gather evidence to support your case, and represent you in court. While the idea of going to court may be the last thing that you want to do, knowing how to prepare for a trial and present your case is extremely valuable should an out-of-court attempt at agreement fail.

Call The McCormick Firm Today for a Consultation

At the office of The McCormick Firm, our experienced child custody attorneys in Alabama understand what you’re going through and the stress that you’re under. Reaching an agreement about custody with your ex can feel impossible, and you may be worried about what will happen in the future. When you call our lawyers, we promise that we’ll work hard to protect your and your child’s best interests. You can reach out to us today for a consultation and more information by calling our law firm directly at 205-968-1302, stopping by our office, or using the contact form on our website to send us a message telling us more about your case. We also provide child custody services in Hoover, Alabama.